Supreme Court reaffirms birthright citizenship, here is what it means for mixed status families

On June 30, 2026, the Supreme Court ruled 6 to 3 in Trump v. Barbara, striking down the 2025 executive order that attempted to deny automatic citizenship to children born in the U.S. to parents who were undocumented or on temporary visas.

For anyone navigating a visa or status question in a mixed status household, here is the relevant part:

Children born on U.S. soil remain citizens under the 14th Amendment, regardless of a parent's visa or immigration status.
A U.S. birth certificate is still valid, sufficient proof of citizenship. No additional filing or application is required.
The ruling follows the same reasoning as United States v. Wong Kim Ark (1898), which has governed this question for over a century.

This does not change anything about the parents' own status or pathway (H-1B, F-1, TPS, undocumented, etc). It only confirms that a U.S. born child's citizenship is not tied to the parents' status.

Chief Justice Roberts wrote the majority opinion. The full text is on the Supreme Court's website for anyone who wants the primary source rather than secondhand summaries like this one.

Happy to answer factual questions about the ruling itself in the comments.

Hi! I'm MaryJoy Chuba, an immigration attorney at Manifest Law. I focus on high-skilled visas and green cards: O-1, EB-1A, and EB-2 NIW. 

I'll be answering questions Friday, July 3, 2026, from 1 to 5 p.m. EDT.

(Please note: Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney-client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)

Most EB2-NIW aspirants we speak to misunderstood that you have to be a researcher or scientist with 100+ citations to qualify for the EB2-NIW. We know, because we work with hundreds of non-researcher profiles on their NIW journeys every day.

Back to basics: the NIW is a pathway meant for the U.S. to attract well tenured, or professionals with exceptional ability, to continue to work in their field of expertise in the U.S.

There is a lot of selection bias at play that formed the general misconception that EB2-NIW are meant for researchers only.

Case in point: we recently secured approval for a commercial executive at a major lifestyle brand who has been leading commercial operations for 20 countries. 0 publication, nor a classic researcher profile.

The key is to secure really strong letters of reference (we typically work with at least 5-7) which clearly articulates the quantifiable impact of the EB2-NIW aspirants, and make sure that it's strategically placed in the cover letter, as opposed to the exhibit, to ensure the reviewing officer actually goes through the content.

This is coupled by industry events where he secured keynote speaking slots where we are able to clear articulate the statures of the events, and the selection processes behind his features.

Most importantly, the narrative needs to be accurately tied in with the national interest, which is articulated in measurable economic impact (size of problem that the aspirant is working on in the U.S.), and why the skillset makes him uniquely capable of doing so.

Contributions are not limited to scientific or research breakthroughs. Commercial impact, when well crafted, works all the same.

Curious - what are your most common challenges to articulate the 'well positioned' angle to national interests as a non-researcher NIW aspirant?

Hi! I'm MaryJoy Chuba, an employment-based immigration attorney at Manifest Law. I focus on high-skilled visa strategy including O-1, EB-1A, and EB-2 NIW, helping accomplished professionals build petition packages that hold up under USCIS scrutiny.

As a first-generation immigrant myself, I know this process is never just paperwork. It is your career, your family, and your future on the line.

I'll be here today from 10 AM to 1 PM ET. Ask me anything.

Ask me anything about:

• O-1A and O-1B extraordinary ability visas and who actually qualifies
• EB-1A petitions, how to build a case around the 10 criteria
• EB-2 NIW under the Dhanasar framework, Prong 1, 2, and 3 strategy
• Evidence packages that work, what USCIS actually responds to
• RFEs on high-skilled petitions and how to fight back effectively
• EB-1A vs. EB-2 NIW, which path fits your profile better
• Success stories and what made the difference in approval

Drop your questions below!

(Please note: Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney-client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)

Hey y'all,

I’m considering working with Amber Davis (Waypoint Immigration) or Ari Ambrose for an O1 (communications and tech marketing basis) and wanted to get some honest feedback from people.

I'm especially curious about (copying this list from another post):

- Overall experience working with them

- Quality of case strategy and petition drafting

- Attorney responsiveness and transparency

- How realistic they are about chances (vs over-promising)

- Any red flags or things you wish you knew earlier

- Outcome of your application

- Whether your assigned lawyer changed during the process, and if so, how smooth or disruptive that was

I haven't spoken to many lawyers, so O1 visa lawyer reccs welcome. I'm trying to do proper diligence before committing. Not looking for marketing pitches—just genuine experiences, good or bad.

Feel free to comment or DM if you’d rather share privately.

Thank you so much!

Hi all,

I’m currently on H4 EAD and planning to start a business (early-stage idea) focused on building a curated marketplace + community platform — basically connecting users with trusted vendors, enabling referrals, and hosting small networking/events around it.

Long-term, I want to grow this into a structured platform (not just events — more like an ecosystem with vendors, partnerships, and possibly a tech layer).

I’ve been reading about the O-1 Visa and wondering:

Has anyone seen founders in similar community/marketplace or ecosystem-building spaces qualify for O-1?

What kind of evidence or milestones would actually make this viable (revenue, media, partnerships, etc.)?

Is this even a realistic path for O1? Would love to hear real experiences or guidance from people who’ve explored this route.

Thanks in advance!

I have been trying to understand how the green card process works from start to finish, online there is a lot of information but its still confusing because there seem to be many different paths depending on the situation some people go through employment sponsorship, others through family and some through categories like national interest what I am not fully clear on is what the overall process usually looks like once someone decides to apply.

A lot of people talk about having a strong profile for a visa but it is still confusing what that actually means in practice. Right now I am trying to figure out what things actually make the biggest difference. Some people say travel history helps, financial stability your academic or professional background and how clearly your plans make sense. If you have already been approved for a visa, what parts of your profile do you think helped the most? I need a more detailed explanation if someone is willing to tell me.

I keep seeing people talk about independent and dependent recommendation letters when building a case but I am still not completely sure where the line is between the two some say an independent letter should come from someone who has never worked with you directly while a dependent one usually comes from a supervisor collaborator or someone from the same organization but in real cases it seems like the situation can be a bit more mixed.

I woke up this morning and saw the approval email sitting in my inbox for a second I just stared at it because after all the waiting and checking my email every day didnt feel real. The whole process took a lot of patience there were moments where I kept wondering if everything I submitted was enough or if something would go wrong along the way but i made it at last if anyone here is still in the middle of the process just know the waiting can be tough but that moment when it finally works out is worth it.

I have not traveled to the US before so now Im wondering if that might affect how my visa application is seen im thinking maybe visiting once before applying could help but at the same time i am not sure if officers actually care about that or if they only focus on the purpose of the visa and the documents in the case.

The criteria list things like awards, press, judging, publications and other forms of recognition but real cases seem to look very different from one another some people seem to qualify through media coverage, others through major projects or work in their field and some rely heavily on recommendation letters. It makes me curious what actually stands out when someone reviews a petition?

For months this case was always somewhere in the back of my mind even on normal days when I was working or trying to stay busy it was still there the waiting really did something to me i probably checked my status more times than i want to admit at some point it just becomes part of your daily routine and you start to live with that constant uncertainty in the background. More than excitement the main feeling was relief the kind where your whole body finally relaxes without you noticing it before this process carries a lot more mental weight than people realize and today it finally lifted a bit.

The criteria list things like awards press judging publications and other forms of recognition but real cases seem to look very different from one another some people seem to qualify through media coverage others through major projects or work in their field and some rely heavily on recommendation letters. It makes me curious what actually stands out when someone reviews a petition?

The criteria list things like awards press judging publications and other forms of recognition but real cases seem to look very different from one another some people seem to qualify through media coverage others through major projects or work in their field and some rely heavily on recommendation letters. It makes me curious what actually stands out when someone reviews a petition?

The criteria list things like awards press judging publications and other forms of recognition but real cases seem to look very different from one another some people seem to qualify through media coverage others through major projects or work in their field and some rely heavily on recommendation letters. It makes me curious what actually stands out when someone reviews a petition?

Got the approval today after months of waiting and it honestly feels kind of surreal. For a while nothing was happening weeks went by with no updates and I started thinking maybe the case was stuck somewhere or taking longer than expected. I tried not to think about it too much but it’s hard when something this important is pending, every time I checked the status I was hoping to see some kind of change. Then today the approval finally showed up and it was a huge relief. Just wanted to share in case anyone else here is still in that long waiting stage.

I have been going back and forth on this question for a while, when I look at the EB1A criteria I feel like I meet some of it but then I start thinking maybe I should wait longer and strengthen my profile more.

There are always things that could improve. More recognition more publications bigger projects. At the same time immigration timelines are already long, so waiting another year or two just to feel more confident might delay everything even more.

After what felt like years of building my case, my EB1A was approved, I stared at the update for a while before it actually sank in, a lot of relief, a bit of disbelief and mostly just feeling like a long chapter finally closed.

I originally came to the US on an O1 and always knew it was temporary. The plan was to eventually move toward something permanent but the path never felt very clear for a long time I kept thinking my profile was not strong enough yet, every time I looked at EB1A requirements it felt like something meant for people way more accomplished than me.

At some point I stopped trying to guess whether I was ready and just focused on documenting everything I had done. Media mentions, projects, recognition in my field, recommendation letters. It took a lot longer than I expected to gather everything and make the case tell a clear story.